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People v. Winter

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2011
2011 N.Y. Slip Op. 7248 (N.Y. App. Div. 2011)

Opinion

2010-00404.

Decided on October 11, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered January 5, 2010, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.

DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS, PLUMMER E. LOTT, JJ.


DECISION ORDER

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in denying his motion to relieve assigned counsel. After conducting a sufficient inquiry, the Supreme Court discredited the defendant's allegations that there had been a complete breakdown of communication and trust in his relationship with counsel, a determination we decline to disturb ( cf. People v Sides, 75 NY2d 822). Moreover, the record supports the Supreme Court's conclusions that the purpose of the motion was merely to delay the proceedings, and that assigned counsel was reasonably likely to provide the defendant with effective assistance ( see People v Linares , 2 NY3d 507 , 510; People v Ayuso , 80 AD3d 708 , 709). Accordingly, the motion was properly denied.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.


Summaries of

People v. Winter

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2011
2011 N.Y. Slip Op. 7248 (N.Y. App. Div. 2011)
Case details for

People v. Winter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, respondent, v. JAMAL WINTER, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 2011

Citations

2011 N.Y. Slip Op. 7248 (N.Y. App. Div. 2011)
930 N.Y.S.2d 904